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The Third Time's Not a Charm. Say No to Southwick!
President Bush has done it again. This time he has nominated Leslie Southwick to a lifetime appointment on the U.S. Court of Appeals for the Fifth Circuit -- the same Mississippi seat to which Charles Pickering and Michael Wallace were previous nominees. Neither Pickering nor Wallace was confirmed because of their troubling civil rights records. Now the President has nominated Southwick -- who ALSO has problems upholding the civil rights of all people. The Senate Judiciary Committee may begin considering Southwick’s nomination as early as this week – they must reject Southwick’s nomination!
 TAKE ACTION! Use the form on the right to urge your senators to oppose the lifetime nomination of Leslie Southwick to the U.S. Court of Appeals for the Fifth Circuit. Tell your senators that Southwick’s record raises far too many questions about his commitment to protecting civil and human rights:
Southwick has a dismal record on race. As a state appellate judge, he ruled to reinstate a white employee who had been fired for calling an African-American coworker “a good ole [“n” word]”. Southwick’s baffling ruling upheld the reasoning of a hearing officer who had claimed that the employee’s use of the slur was equivalent to calling the coworker “teacher’s pet.” The Mississippi Supreme Court unanimously reversed Southwick.
Equally troubling, Southwick has routinely rejected defense claims that prosecutors struck African-American jurors based on race. But at the same time, he has usually upheld allegations of race discrimination when prosecutors claim that the defense has struck white jurors. One of Southwick’s own colleagues accused him of “establishing one level of obligation for the State, and a higher one for defendants on an identical issue.”
Southwick’s expressed views raise doubts about his ability to rule fairly in cases involving the civil rights of gays and lesbians. In ruling to remove a child from the custody of her bisexual mother, Southwick joined an anti-gay opinion that argued the “choice” to engage in homosexuality comes with consequences, up to and including the consideration of “the homosexual lifestyle” as a determining factor in child custody cases. At his confirmation hearing, Southwick insisted that “morality” can be a factor in determining custody – even though Mississippi law says that the sexual relations of an unmarried parent cannot be the sole factor absent a showing of harm to the child.
Southwick has the worst record of all judges on the Mississippi Court of Appeals when it comes to the rights of workers and victims of personal injury. In 160 of 180 published decisions, Southwick's rulings have favored business and insurance interests over injured parties.
| Sample Letter for Campaign |
Subject: Oppose Southwick's Confirmation
Dear [ Decision Maker ] ,
I urge you to oppose the confirmation of Leslie Southwick to a lifetime appointment on the U.S. Court of Appeals for the Fifth Circuit. Given the tremendous impact that federal judges have on civil rights and liberties - and because of the lifetime nature of federal judgeships - no judge should be confirmed unless he or she demonstrates a strong commitment to protecting the rights of all Americans.
But Southwick's record raises far too many questions about his commitment to protecting civil and human rights:
* As a state appellate judge, Southwick ruled to reinstate a white employee who had been fired for calling an African-American coworker "a good ole ["n" word]". Southwick's baffling ruling upheld the reasoning of a hearing officer who had claimed that the employee's use of the slur was equivalent to calling the coworker "teacher's pet." Southwick was unanimously reversed by the Mississippi Supreme Court.
* Southwick has routinely rejected defense claims that prosecutors struck African-American jurors based on race. But at the same time, he has usually upheld allegations of race discrimination when prosecutors claim that the defense has struck white jurors.
* In ruling to remove a child from the custody of her bisexual mother, Southwick joined an extreme opinion that argued the "choice" to engage in homosexuality comes with consequences, up to and including the consideration of "the homosexual lifestyle" as a determining factor in child custody cases.
* Southwick has the worst record of all judges on the Mississippi Court of Appeals when it comes to the rights of workers and victims of personal injury. In 160 of 180 published decisions, Southwick's rulings have favored business and insurance interests over injured parties.
Because of these troubling rulings and because he has failed to demonstrate a commitment to protecting the rights of all Americans, I urge you to oppose Southwick's confirmation.
Sincerely,
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